P&H: Upheld order refusing interim Injunction, as no prima facie case is made out in favour of plaintiff.

punjab-haryana
⚖️ Order Date: 26 May 2026
Headnotes

Civil Procedure Code, 1908, O.39.Rr.1, 2, S.151 — Temporary injunction — No prima facie case is made out - Balance of convenience does not lie in favour of plaintiffs and they concealed earlier litigation - Interim injunction rightly refused. (Paras 7 & 8) 

Civil Procedure Code, 1908, O.39.Rr.1, 2, S.151 — Temporary injunction — Earlier judgment and decree in Civil Suit  declaring and recognising exclusive possession of respondent No.1 and others over disputed land to which present petitioners were parties and which remained unchallenged, precludes petitioners from asserting exclusive...

Civil Procedure Code, 1908, O.39.Rr.1, 2, S.151 — Temporary injunction — Petitioners having concealed the fact regarding earlier litigation are not entitled to equitable relief of interim injunction. (Para 7) 

 


Facts of the Case

P&H: Upheld order refusing interim Injunction, as no prima facie case is made out in favour of plaintiff.

High Court has dismissed a civil revision filed by the legal representatives challenging concurrent orders refusing their plea for an interim injunction against alleged dispossession from land in Village.

The petitioners had sued M/s New India City Developers Pvt. Ltd. and the District Town Planner (Enforcement), seeking to restrain interference with what they claimed was their long-standing, exclusive possession over ancestral property, with construction said to exist for 35–40 years. Along with the suit, they moved an application under Order 39 Rules 1 and 2 CPC for ad-interim protection during the pendency of the case.

Opposing the plea, the developer denied...

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